We get it – writing a will isn’t at the top of anyone’s to-do list. It feels morbid, unnecessary, or like something to “sort out later.” But here’s the reality: dying without a will can create a legal and emotional mess for your loved ones.
Add to that the importance of Lasting Powers of Attorney (LPAs), and you’ve got two of the most important legal documents many people never get around to sorting.
So let’s talk about why making a will and arranging LPAs is essential – and what could go wrong if you don’t.
What happened if you die without a Will?
If you die without a Will, the law decides how your estate is divided – not you. That means:
- Your spouse or partner may not inherit everything – especially if you have children.
- Unmarried partners get nothing – no matter how long you’ve been together.
- Children from previous relationships could be disinherited if you don’t set it out clearly.
- Family disputes become more likely, often leading to costly legal battles.
- It takes longer and is more expensive to sort your estate.
Real-life example: Sarah’s story – Sarah lived with her partner Dave for 12 years. They weren’t married and had two children. When Sarah died suddenly without a Will, Dave inherited nothing – not even their home (which was in her sole name). Her estate went to her children, and Dave had to apply to the court just to stay in the house. It caused immense stress at an already heart-breaking time.
Why making a Will matters
Making a Will ensures:
- You decide who inherits what, including sentimental items.
- You name guardians for your children, avoiding court intervention.
- You can minimise inheritance tax through smart planning.
- You protect vulnerable loved ones, such as those with disabilities or addictions.
- You appoint executors you trust, rather than leaving it to chance.
A Will gives you loved ones clarity, guidance, and protection at a time when they’ll need it most.
What about Lasting Powers of Attorney?
Wills deal with what happens after death – but what if you lose mental capacity while you’re alive?
That’s where Lasting Powers of Attorney (LPAs) come in. There are two types:
- Health & Welfare LPA – lets someone make decisions about your medical care, daily routine, or moving into a care home.
- Property & Financial Affairs LPA – lets someone manage your finances, bills, and property if you’re unable to do so.
If you don’t have an LPA and lose capacity, your loved ones will have to apply to the Court of Protection – a slow, expensive, and stressful process. The court may not choose the person you’d have wanted.
Case study: Peter and Margaret: Peter had a stroke and couldn’t manage his finances. He and his wife Margaret had never set up an LPA. She couldn’t access his accounts to pay for his care and had to apply to the court – which took six months and over £1,000 in fees. With an LPA, she could’ve stepped in immediately.
Should you use a solicitor?
Yes – and here’s why:
- Wills and LPAs are legal documents. Mistakes can make them invalid.
- A solicitor can spot risks – like potential inheritance tax traps or family disputes.
- They store your will safely – usually free of charge.
- You’re protected – solicitors are regulated and insured if anything goes wrong.
The danger of unregulated Will-writers
Anyone can call themselves a “Will-writer” in the UK – even without qualifications. Many offer cheap services, but there are serious risks:
- Poorly drafted wills that don’t stand up in court.
- No insurance or accountability if they make a mistake.
- Hard-sell tactics, such as pushing expensive storage or trust services.
- Hidden fees, especially for fixing their mistakes.
An example of the risks:
Disputed Estates: Court Issues Warning About Unqualified Will-Writers
In Tedford v Clarke (2025 EWHC 816 Ch), the executor of an estate had to ask the court for help because his aunt’s Will was unclear. Without a court order, he couldn’t safely divide up the estate.
The judge found that the will had been written by someone who wasn’t properly qualified, even though they claimed to be a will-writer. The court warned about the risks of using unqualified people to prepare wills, pointing out that trying to save money this way can lead to serious problems later.
Our Private Client and Lifetime Planning team can help you put the correct documents and guidance in place, so you can be assured your loved ones are taken care of.